Habeas Corpus Petition

4,115 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1805×·via Writ Of Habeas Corpus
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×·via Habeas Corpus Proceedings
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• Freeman v. State
  761 So. 2d 1055· Fla.· 2000-06-08 ·cited 579×·via Writ Of Habeas Corpus
  John D. Freeman, a death row inmate convicted of felony murder, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court remanded for an evidentiary hearing on ineffective assistance of counsel claims during
• Jones v. State
  591 So. 2d 911· Fla.· 1991-11-14 ·cited 579×
  Leo Alexander Jones, convicted of murdering a Jacksonville police officer in 1981, appeals the denial of his second motion for postconviction relief based on alleged newly discovered evidence. The Florida Supreme Court reversed and remanded for an evidentiary hearing after adopti
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 527×·via Habeas Corpus Relief
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Ennis Nettles v. Louie L. Wainwright
  677 F.2d 404· 5th Cir.· 1982-05-17 ·cited 504×
  Failure to file written objections to a magistrate's report bars a party from de novo determination by the district court and from attacking factual findings on appeal, unless the magistrate informs the parties of the ten-day objection deadline.
• Williams v. Louie L. Wainwright
  681 F.2d 732· 11th Cir.· 1982-07-29 ·cited 456×·via Writ Of Habeas Corpus
  A district court may sua sponte conduct a de novo hearing to aid its review of a magistrate's report in post-trial relief applications. Claims of ineffective assistance of counsel were also rejected.
• Logan v. State
  846 So. 2d 472· Fla.· 2003-04-17 ·cited 416×·via Writ Of Habeas Corpus
  The Florida Supreme Court dismissed habeas corpus and prohibition petitions filed pro se by criminal defendants who were simultaneously represented by counsel in pending trial court proceedings. The Court clarified that defendants cannot engage in 'hybrid' representation by filin
• Shull v. Dugger
  515 So. 2d 748· Fla.· 1987-11-25 ·cited 415×·via Writ Of Habeas Corpus
  Shull seeks habeas corpus release after his sentencing was reversed on appeal due to an invalid habitual offender departure. The Florida Supreme Court holds that when a trial court's reasons for departing from sentencing guidelines are invalidated on appeal, the court cannot arti
• Hitchcock v. State
  226 So. 3d 216· Fla.· 2017-08-10 ·cited 390×
  James Ernest Hitchcock, a death row inmate whose sentence became final in 2000, sought postconviction relief based on the U.S. Supreme Court's decision in Hurst v. Florida, arguing his death sentence was rendered unconstitutional. The Florida Supreme Court affirmed the denial of
• Sochor v. State
  883 So. 2d 766· Fla.· 2004-07-08 ·cited 362×·via Writ Of Habeas Corpus
  Dennis Sochor, a death-row inmate, appealed denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief, raising thirty claims including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, and constitutional challenges to F
• Pope v. Louie L. Wainwright
  496 So. 2d 798· Fla.· 1986-10-16 ·cited 361×·via Writ Of Habeas Corpus
  Thomas Dewey Pope, a death row inmate, petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise various issues on direct appeal. The Florida Supreme Court denied the petition, holding that Pope's appellate counsel was not deficient be
• Jackson v. State
  648 So. 2d 85· Fla.· 1994-04-21 ·cited 314×·via Writ Of Habeas Corpus
  Andrea Hicks Jackson was convicted of murdering a Jacksonville police officer in 1983 and sentenced to death. The Florida Supreme Court vacated her death sentence because the jury instruction on the "cold, calculated, and premeditated" (CCP) aggravating factor was unconstitutiona
• Nelson v. State
  875 So. 2d 579· Fla.· 2004-06-03 ·cited 305×·via Habeas Corpus Proceedings
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant alleging ineffective assistance of counsel for failing to call witnesses must specifically allege in a Rule 3.850 postconviction motion that those witnesses would have been availab
• Kimbrough v. Beto
  412 F.2d 981· 5th Cir.· 1969-05-26 ·cited 292×
  The court held that a threat to reindict a defendant as an habitual criminal, if made to coerce a guilty plea, constitutes duress and vitiates the plea's voluntariness.
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Blanco v. Louie L. Wainwright
  507 So. 2d 1377· Fla.· 1987-05-07 ·cited 276×·via Writ Of Habeas Corpus
  Omar Blanco, a death row inmate convicted of first-degree murder, sought post-conviction relief and a writ of habeas corpus challenging his conviction and death sentence. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion and denied the habeas petition, findin
• Amos Lee King v. Moore
  831 So. 2d 143· Fla.· 2002-10-24 ·cited 272×·via Writ Of Habeas Corpus
  Amos Lee King, a death row inmate with an active execution warrant, sought habeas relief based on Ring v. Arizona, which held unconstitutional capital sentencing statutes allowing judges to find aggravating circumstances without jury findings. The Florida Supreme Court denied rel
• Gennero Galtieri v. Louie L. Wainwright
  582 F.2d 348· 5th Cir.· 1978-10-23 ·cited 251×·via Writ Of Habeas Corpus
  The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
• Carroll v. Secretary, DOC, FL Attorney General
  574 F.3d 1354· 11th Cir.· 2009-07-17 ·cited 243×
  Elmer Leon Carroll, a Florida death row inmate, appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his capital conviction and sentence. Carroll raised two Atkins v. Virginia claims: (1) that he was mentally retarded and thus exempt from execu
• Herring v. Estelle
  491 F.2d 125· 5th Cir.· 1974-03-15 ·cited 226×
  A guilty plea entered without effective assistance of counsel, who failed to advise the defendant on the relevant law regarding the charge, is involuntary and unknowing.
• Cleveland Hollingshead v. Louie L. Wainwright
  194 So. 2d 577· Fla.· 1967-01-25 ·cited 217×·via Writ Of Habeas Corpus
  Cleveland Hollingshead sought habeas corpus relief after being denied appellate counsel by the trial court, despite repeated requests. The Florida Supreme Court, following the U.S. Supreme Court's reversal in Douglas v. California, held that due process requires Hollingshead be a
• Dusty Ray Spencer v. State
  842 So. 2d 52· Fla.· 2003-01-09 ·cited 215×·via Writ Of Habeas Corpus
  Dusty Ray Spencer appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus following his conviction for first-degree murder and imposition of a death sentence. The Florida Supreme Court affirms the trial court's denial of postconviction relief an
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Guzman v. State
  868 So. 2d 498· Fla.· 2003-11-20 ·cited 204×·via Writ Of Habeas Corpus
  James Guzman appeals the denial of his post-conviction Rule 3.850 motion challenging his death sentence for murder, raising claims of prosecutorial misconduct, evidence suppression, and destruction of evidence. The Florida Supreme Court affirms most denials but remands the Giglio
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 196×·via Writ Of Habeas Corpus
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Harvey v. Dugger
  656 So. 2d 1253· Fla.· 1995-02-23 ·cited 192×·via Writ Of Habeas Corpus
  Harold Lee Harvey, Jr., a death row inmate, petitioned for habeas corpus and appealed the trial court's denial of his Rule 3.850 postconviction motion challenging his convictions for two first-degree murders. The Florida Supreme Court remanded for evidentiary hearings on several
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Teffeteller v. Dugger
  734 So. 2d 1009· Fla.· 1999-03-04 ·cited 188×·via Writ Of Habeas Corpus
  Robert Allan Teffeteller, a death row inmate, appealed the trial court's denial of his rule 3.850 post-conviction motion and petitioned for a writ of habeas corpus, raising twenty-one and twenty-two issues respectively. The Florida Supreme Court affirmed the denial of post-convic
• Steele v. Kehoe
  747 So. 2d 931· Fla.· 1999-05-27 ·cited 186×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a convicted defendant must obtain appellate or postconviction relief before pursuing a legal malpractice action against counsel, but also established a due process right to a belated hearing and filing of postconviction relief when counsel agre
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×·via Habeas Corpus Relief
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• State v. Dist. Court of Appeal of Fla.
  569 So. 2d 439· Fla.· 1990-11-01 ·cited 181×
  The Florida Supreme Court held that petitions for belated appeal based on ineffective assistance of counsel must be filed in trial court under Florida Rule of Criminal Procedure 3.850, rather than in appellate court by habeas corpus petition. The Court granted the State's petitio
• Proffitt v. Louie L. Wainwright
  685 F.2d 1227· 11th Cir.· 1982-09-10 ·cited 174×
  The court held that the defendant received ineffective assistance of counsel at the sentencing phase because counsel failed to investigate and present mitigating evidence, particularly regarding the defendant's mental condition.
• Jones v. State
  845 So. 2d 55· Fla.· 2003-02-13 ·cited 172×·via Writ Of Habeas Corpus
  Randall Scott Jones appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus in a capital murder case where he was convicted and sentenced to death for two murders in 1988. The Florida Supreme Court affirmed the trial court's denial
• Williamson v. Dugger
  651 So. 2d 84· Fla.· 1994-11-10 ·cited 172×
  Johnny Williamson, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 motion. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims of ineffective assistance of counsel, prosecutorial misconduct, and i
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×·via Writ Of Habeas Corpus
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 171×·via Writ Of Habeas Corpus
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Snowden v. Singletary
  135 F.3d 732· 11th Cir.· 1998-02-18 ·cited 167×·via Habeas Corpus Relief
  Harold Snowden was convicted of five counts of child abuse and sentenced to two consecutive life terms. On federal habeas review, the Eleventh Circuit held that expert testimony vouching for the credibility of child witnesses violated Snowden's due process right to a fair trial w
• Tompkins v. State
  994 So. 2d 1072· Fla.· 2008-11-07 ·cited 160×·via Writ Of Habeas Corpus
  Wayne Tompkins, convicted in 1985 of the 1983 first-degree murder of 15-year-old Lisa DeCarr and sentenced to death, appealed the trial court's denial of his fourth and fifth successive postconviction motions under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Cou
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• The State OF Tex. & Dr. George J. Beto v. Payton
  390 F.2d 261· 5th Cir.· 1968-02-12 ·cited 160×·via Writ Of Habeas Corpus
  The Court held that the District Court erred in granting habeas corpus solely on the basis of a failure to warn the petitioner of his right to remain silent, as Escobedo's holding was limited to the Sixth Amendment right to counsel and did not apply retroactively to trials before
• Torres-Arboleda v. Dugger
  636 So. 2d 1321· Fla.· 1994-04-21 ·cited 159×·via Writ Of Habeas Corpus
  Oscar Torres-Arboleda, a death row inmate, challenged his conviction and sentence for first-degree murder through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court found his trial counsel rendered ineffective assistance during the penalty phase by
• Koon v. Dugger
  619 So. 2d 246· Fla.· 1993-03-25 ·cited 157×·via Writ Of Habeas Corpus
  Raymond Leon Koon, a death row inmate, appealed the denial of his postconviction relief motion and habeas corpus petition challenging his 1979 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, finding most claims procedurally barred and rejectin
• Ervin McCRAY v. State
  699 So. 2d 1366· Fla.· 1997-10-09 ·cited 151×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is presumed to be the result of unreasonable delay and prejudicial to the state if filed more than five years after the conviction becomes final.
• Corbblin Bush v. State
  945 So. 2d 1207· Fla.· 2006-12-21 ·cited 148×·via Writ Of Habeas Corpus
  Bush sought review of a district court decision dismissing his mandamus petition challenging a sentence-reducing credit determination by the Florida Department of Corrections. The Florida Supreme Court clarified that mandamus is the proper remedy for such challenges, that venue l
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• Zack v. State
  911 So. 2d 1190· Fla.· 2005-07-07 ·cited 146×·via Writ Of Habeas Corpus
  Michael Duane Zack, a death row inmate, appealed an order denying postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of ine
• State v. Arthur
  390 So. 2d 717· Fla.· 1980-11-20 ·cited 143×
  The Florida Supreme Court held that trial courts retain discretion to grant bail to defendants charged with capital offenses or life imprisonment when proof of guilt is evident or presumption is great, and that the state bears the burden of establishing these prerequisites before